Ex Parte Fujii et al - Page 6




                Appeal No. 2004-1999                                                                               Page 6                  
                Application No. 09/772,001                                                                                                 

                agents as primers on metal oxide as well as silicon oxide surfaces was known and that the                                  
                organosilane is usually dissolved in alcohol.                                                                              
                        The Examiner should consider the patentability of each of the claims in light of this                              
                evidence and any other relevant evidence and we remand to the Examiner for such consideration.                             


                                                            CONCLUSION                                                                     
                        To summarize, the decision of the Examiner to reject claims 1-20 under 35 U.S.C.                                   
                § 103(a) is reversed and the case remanded for further consideration of a rejection by the                                 
                examiner.  This remand to the examiner pursuant to 37 CFR § 41.50(a)(1)(effective September                                
                13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office 21 (September 7,                                
                2004)) is made for further consideration of a rejection.  Accordingly, 37 CFR § 41.50(a)(2)                                
                applies if a supplemental examiner's answer is written in response to this remand by the Board.                            
                        No time period for taking any subsequent action in connection with this appeal may be                              
                extended under 37 CFR § 1.136(a).                                                                                          



















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